Eligibility

October 01, 2014

The article below and the study it cites makes a strong argument for allowing non-citizen jurors. According to the article, in criminal proceedings, non-citizens face higher sentences than those who are citizens. The article goes on to say that undocumented non-citizens fared even worse. This article and the study give support to the bill that Governor Brown vetoed last year which would have allowed non-citizens, who were lawfully in the United States, to serve as jurors.

I would also note that allowing non-citizens to serve is not a new concept. For example, England, for close to 500 years, (the practice was eventually abolished by the Naturalization Act of 1870) permitted the jury de medietate linguae, or “jury of the half tongue.” In a jury de medietate linguae a non-citizen defendant was allowed the right to request that half of the jury consist of non-citizens. The practice which has been used in the United States, although not for quite some time, helps non-citizens receive fair treatment under the law.

August 16, 2013

The New Mexico Supreme Court in a recent ruling (State v. Samora) reaffirmed the fact that non-English speaking jurors have a right to serve on state juries. New Mexico is one of the few states that allows non-English speaking individuals to sit as jurors. In making its ruling, the New Mexico Supreme Court cited Article VII, Section 3 of the New Mexico Constitution which states that

“[t]he right of any citizen of the state to . . . sit upon juries, shall never be restricted, abridged or impaired on account of . . . [the] inability to speak, read or write the English or Spanish languages except as may be otherwise provided in this constitution."

March 19, 2010

As the articles below indicate, the Ministry of Justice in Great Britain is considering lifting its age restrictions on who can serve as a juror. Currently, those older than 69 may not serve on a jury in England and Wales. While removing the ban would make juries in Great Britain more reflective of the community, there is the risk that older jurors might not be able to perform as well as younger ones.

February 03, 2010

Sometimes with all the talk about checking a juror's Facebook page or searching her digital trail, little things like whether the juror is eligible to serve are forgotten. Here is one defense attorney who remembered the little things. Upon discovering that a juror who convicted his client was a Canadian citizen, this defense attorney immediately moved to overturn his client's conviction. This issue has also arisen at the state level with residents of different states see e.g.,Chavers v. State, No. CR-06-0755 (Ala. Crim. App. 4/4/2008).